HRC Responds to HHS Discriminating Against Jewish, LGBTQ, and Other Families

Washington, D.C. - January 24, 2019 - (The Ponder News) -- The Human Rights Campaign (HRC), the nation’s largest lesbian, gay, bisexual, transgender, and queer (LGBTQ) organization, responded to a decision by the Department of Health and Human Services (HHS) to grant a waiver from federal non-discrimination requirements to South Carolina’s Foster Care Program, which has contracted with a child welfare provider who seeks permission to refuse to serve prospective parents who do not share their religious beliefs, but who wants to continue to receive federal funding to provide those services. South Carolina requested the waiver to allow federal funds to go to a child welfare agency that refused to place children with Jewish families. By granting that waiver, HHS is opening the door to federally-funded discrimination justified by religious belief against any number of prospective parents, including single parents, LGBTQ individuals or same-sex couples, parents who may previously have been divorced, interfaith couples, or people of deep faith that happens to be of another religion.

“Every decision that is made by a provider of child welfare services must be grounded in doing what is the best interest of the child, period. Providing care for these kids is critically important, and too many kids languish in the foster care system because there aren’t enough foster and adoptive parents for each child. Allowing a federal contractor the ability to refuse to work with qualified prospective parents - limiting the pool of prospective parents even further - is directly counter to the best interests of the children waiting for families,” said Cathryn Oakley, HRC State Legislative Director & Senior Counsel. “The federal government has a compelling interest in ensuring federal contractors are providing quality care, and in ensuring that taxpayers aren’t footing the bill for taxpayer-funded discrimination. This waiver is unconscionable, in no small part because it prioritizes federal contractors over kids in need of families.”

Federal law prohibits discrimination in federally-funded programs against foster parents on religious grounds, but ten states permit discrimination by state-licensed foster care organizations against LGBTQ people,same-sex coupless and others if doing so conflicts with the organization’s religious beliefs.

HRC recently released a report, titled Disregarding the Best Interest of the Child: License to Discriminate In Child Welfare Services, detailing the harms of efforts to write anti-LGBTQ discrimination by child welfare agencies into law. Statistics suggest that an estimated two million LGBTQ adults in the U.S. are interested in adoption, but the LGBTQ community often remains an untapped resource when it comes to finding families for children and youth in foster care. The report debunks the myth that having more providers is the key to higher rates of placement in homes; the bottleneck is not the number of providers, but the number of prospective parents. Where providers have ceased to provide services rather than comply with nondiscrimination laws, placement rates did not decrease.significantly as a result.

Further, research consistently shows that LGBTQ youth are overrepresented in the foster care system, as many have been rejected by their families of origin because of their LGBTQ status, and are especially vulnerable to discrimination and mistreatment while in foster care. Granting this waiver will only exacerbate these challenges faced by LGBTQ young people.

Democratic Leaders Condemn Trump Administration Move to Allow Discrimination in Foster Care

Washington, D.C. - January 24, 2019 - (The Ponder News) -- Education and Labor Committee Chairman Bobby Scott (D-VA) and Ways and Means Committee Chairman Richard Neal (D-MA) released the following statement regarding the Trump administration’s decision to allow foster care placement agencies to discriminate using federal funds:

“Through today’s decision, the Trump administration is endorsing discrimination by giving taxpayer money to foster care entities that discriminate against foster parents based on religious beliefs. Even worse, this waiver allows the foster care system to engage in discrimination that ignores the best interests of our most vulnerable children and exacerbates the shortage of qualified foster parents.

“We must reject all attempts to discriminate based on race, religion, or any other protected class. But for a taxpayer-funded organization to deny children a loving home based on religious beliefs is a particularly egregious violation of a fundamental American principle.”

Planned Parenthood, Foster Children, Law Enforcement, Copyright Office, Department of Education, Central America, Pre-Existing Conditions, OIRA, Postal Employees, regulations, Obamacare, ALS, EPA, and Medicare

Legislation was passed on Thursday (February 16) that eliminates an Obama Administration rule prohibiting the redirecting of Title X funding away from Planned Parenthood to health care centers that don’t provide abortions. The bill, H.J. Res. 43, uses the Congressional Review Act to eliminate the ‘midnight rule’ from the Department of Health and Human Services (HHS) that was finalized just two days before the end of President Obama’s second term. That regulation blocks states from diverting Title X family planning grants away from Planned Parenthood to community health centers, county health departments, or other providers. Congresswoman Carolyn B. Maloney (NY-12), member of the Congressional Pro-Choice Caucus and steadfast pro-choice advocate, claimed it would restrict a woman’s access to abortion.

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Congresswoman Lawrence introduced H.R. 1069, “The Timely Mental Health for Foster Youth Act”, with five original cosponsors. This bill would require mental health screenings for all children entering foster care. The legislation calls for an initial mental health assessment to take place within 30 days of a child entering foster care with a comprehensive follow-up assessment if deemed necessary.

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On Tuesday, Feb. 14, the Jacksonville City Council voted to amend the city’s human rights ordinances to protect gay and transgender people from discrimination.

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After The Hill reported that the White House Transition Team has proposed a budget blueprint, which would eliminate the Office of Community Oriented Policing Services (COPS), Representative Sean Patrick Maloney joined local civic and law enforcement officials to call on President Donald Trump to keep his campaign promise to support our law enforcement community and refrain from eliminating the federal Community Oriented Policing Services (COPS) Office. In addition, Rep. Maloney wrote a letter to the President asking him to protect the program. The Department of Justice’s (DOJ) COPS program provides investments to allow state and local police departments to hire police officers, test new strategies, and acquire cutting-edge technology.

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The House of Representatives unanimously passed H.R. 387, The Email Privacy Act. This bill requires the federal government to acquire warrants before accessing an individual’s digital content.

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Congressman Tom Marino (PA-10) and Congresswoman Judy Chu (CA-27) reintroduced (H.R. 890) the Copyright Office for the Digital Economy Act or the CODE Act. The CODE Act makes several improvements to the copyright office that reflect a consensus across various industries and public interest groups.

These improvements include:

Housing the Copyright Office in the Legislative Branch

Requiring ongoing technology studies to ensure the office remains current with technology to be more user friendly which includes improving upon the searchable database

Establishing an advisory board representing a variety of interests and views tasked with providing the office with candid feedback on the current field of copyright to ensure neutrality and objectivity

Technical provisions to ensure a more seamless transition away from the Library of Congress

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Representative Thomas Massie introduced H.R. 899, a bill to abolish the federal Department of Education. The bill, which is one sentence long, states, “The Department of Education shall terminate on December 31, 2018.”

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Reps. Michael T. McCaul (R-TX), Norma J. Torres (D-CA) and John R. Moolenaar (R-MI), Eliot L. Engel (D-NY), and Albio Sires (D-NJ), introduced a resolution in the House of Representatives to reaffirm the United States Congress’s commitment to fighting corruption in Central America.

The resolution states that efforts to fight corruption must remain at the center of U.S. policy in Central America, that the Mission to Support the Fight against Corruption and Impunity in Honduras (MACCIH) and the International Commission against Impunity in Guatemala (CICIG) are important contributions to these efforts, and that the governments of Honduras, Guatemala, and El Salvador should cooperate with MACCIH and CICIG and the Attorneys General of the region.

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The Bill, Pre-Existing Conditions Protection Act of 2017, was introduced in the House today.

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Representative Paul Mitchell (MI-10) introduced the OIRA Insight, Reform, and Accountability Act (H.R. 1009) to strengthen congressional insight and accountability over the regulatory process by putting the Office of Information and Regulatory Affairs (OIRA) into statute.

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Representatives David B. McKinley, P.E. (WV-1) and Gerry Connolly (VA-11) introduced H.R. 942, the Postal Employees Appeal Rights Amendments Act to expand U.S. Merit Systems Protection Board (MSPB) appeals rights to mid-level U.S. Postal Service Management. Under current law, approximately 7,500 USPS employees do not have this protection.

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U.S. Representative Martha McSally introduced legislation to mandate federal agencies report to Congress about regulations that did not comply with the Congressional Review Act (CRA). According to the text of the CRA, regulations that did not comply with mandated reporting requirements may be subject to overrule by Congress with majorities in both chambers.

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Senator Rand Paul (R-KY) and Rep. Mark Sanford’s (R-SC) created an Obamacare replacement plan—endorsed by the House Freedom Caucus.

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Congressmen Seth Moulton (D-MA) and Peter King (R-NY) re-introduced The ALS Disability Insurance Access Act, bipartisan legislation they spearheaded to ensure that amyotrophic lateral sclerosis (ALS) patients are provided vital support and benefits in a more timely manner. The legislation would waive the Social Security Disability Insurance (SSDI) five-month waiting period for people living with amyotrophic lateral sclerosis (ALS), commonly referred to as Lou Gehrig’s Disease.

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Congressman Markwayne Mullin (OK-2) introduced H.J.Res. 59, a Congressional Review Act (CRA) joint resolution that blocks the Environmental Protection Agency’s (EPA) Accidental Release Prevention Requirements: Risk Management Programs under the Clean Air Act Rule (RMP rule).

The Congressional Review Act, passed in 1996, allows Congress to vote to overturn any regulation during a period of 60 days after the regulation was created. Regulations created at the end of the Obama Administration are subject to be overturned, so long as it is within the 60-day “in-session” period of Congress.

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Congressman Tim Murphy (R-PA) and Congressman Ron Kind (D-WI) reintroduced bipartisan legislation to improve the Medicare Secondary Payer (MSP) statute and clarify its application to the Medicare Prescription Drug (Part D) program.

The Secondary Payer Advancement, Rationalization, and Clarification (SPARC) Act, replaces ambiguous and uncertain Part D MSP requirements with a simplified, commonsense approach that provides beneficiaries with improved access to the care. The legislation also allows Part D Prescription Drug Plans to recover prescription drug cost deficits more quickly from primary payers.